Lusk v. Kershow
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. This case was submitted to the court below mainly on an agreed statement of facts. From this it appears that JohnS. Fillmore died at the county of Arapahoe on the 1st day of December, 1864, leaving as his sole heirs at law his widow, Elizabeth M. Fillmore, and two minor sons, John Norman Fillmore and John Septa Fillmore.
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Appeal from District Court of Arapahoe County. This case was submitted to the court below mainly on an agreed statement of facts. From this it appears that JohnS. Fillmore died at the county of Arapahoe on the 1st day of December, 1864, leaving as his sole heirs at law his widow, Elizabeth M. Fillmore, and two minor sons, John Norman Fillmore and John Septa Fillmore. On the 20th day of the same month Amos Steck and others were appointed administrators upon his estate and duly qualified as such. Thereafter and prior to January, 1, 1868, Elizabeth M. Fillmore intermarried with one Jeremiah…
1Opinion of the CourtChief Justice Hayt
The first and second assignments of error have been argued together. These relate to the failure of the district court to dismiss the, appeal upon appellant’s motion. . The record shows that-on the 3d day of November, 1887, a final judgment was entered in the county court sitting for probate business, and until the 25th day of November was allowed, within which to file an appeal bond for the purpose of taking the case to the district court.
Appellees contend: First, — That the manner of taking an appeal in this case is fixed by the general act providing for appeals from the county to the…
2Cases cited5 opinions
- Bank of the United States v. RITCHIESupreme Court of the United States · 1834
- Hutchinson v. McLaughlinSupreme Court of Colorado · 1890
- Bennett v. BradfordIllinois Supreme Court · 1890
- Hunt v. ArkellSupreme Court of Colorado · 1889
- McEndree v. McEndreeIndiana Supreme Court · 1859
3Cited by20 opinions
- Lothrop v. DuffieldMichigan Supreme Court · 1903
- Phillips v. CorbinSupreme Court of Colorado · 1898
- Glenn v. MitchellSupreme Court of Colorado · 1922
- Tucker v. TuckerColorado Court of Appeals · 1912
- New York Life Insurance v. BrownSupreme Court of Colorado · 1904
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